Mobile Messaging Terms & Conditions

Vote Kern, (“We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), subject to these Mobile Messaging Terms and Conditions (the “Terms”). If you do not wish to continue participating in the program or no longer agree to these Terms, you can reply “STOP” to any mobile message from Us in order to opt out of the Program.

User Opt In: The Program allows users to receive SMS/MMS mobile messages by users affirmatively opting into the Program. Regardless of the opt-in method you utilized to join the Program, regardless of the opt-in method you utilized to join the Program, you agree that these Terms apply to your participation in the Program. The mobile messaging service used by Us to communicate with you requires human intervention for Our mobile messages to be initiated, and thus Our mobile messages are not sent to you by an automatic telephone dialing system (“ATDS” or “autodialer”). Nevertheless, by participating in the Program, you agree to receive autodialed marketing mobile messages and you understand that consent is not required to make any purchase from Us.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning updates and information from the Vote Kern campaign.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent based on your interaction with Us.

Contact Information: For support text “HELP” to any of Our mobile messages.

User Opt Out and Additional Commands: To opt out (discontinue participation in Program), reply “STOP” to any of Our mobile messages from your mobile device. This is the easiest and preferred method to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. For additional support, text “HELP” to get help.

MMS Disclosure: The Program will send SMS MTs if your mobile device does not support MMS messaging.

Our Warranty: We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator, and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Privacy Policy: We respect your privacy. By opting into the Program or otherwise sharing your personal information with Us in connection with the Program, you consent to the collection, use, disclosure and sharing of your information as further outlined in Our Privacy Policy.

Dispute Resolution: In the event that there is a dispute, claim or controversy between you and Us, or between you and any third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, these Terms, Our Privacy Policy, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim or controversy will be determined by arbitration in Las Vegas, Nevada before one arbitrator. The arbitration will be administered by JAMS. For claims greater than $250,000, the JAMS Comprehensive Arbitration Rules and Procedures in effect at the time the arbitration is commenced will apply. For claims less than or equal to $250,000, the JAMS Streamlined Arbitration Rules in effect at the time the arbitration is commenced will apply. The arbitrator will apply the substantive law of the Nevada, exclusive of its conflict or choice of law rules. Nothing in this paragraph will preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in this paragraph with respect to applicable substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) will govern any arbitration conducted pursuant to these Terms. Either party may commence arbitration by providing to JAMS and the other party to the dispute a written demand for arbitration, setting forth the subject of the dispute and the relief requested (“Arbitration Demand”).

To the fullest extent permitted by law, each of the parties agrees that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this Agreement or any of the transactions contemplated hereby.

The appointed arbitrator may award monetary damages and any other remedies allowed by the state law designated above. In making his or her determination, the arbitrator will not have the authority to modify any term or provision of these Terms. The arbitrator will deliver a reasoned written decision with respect to the dispute (the “Award”) to each party, who will promptly act in accordance the Award. Any Award (including interim or final remedies) may be confirmed or enforced in any court having jurisdiction, including any court having jurisdiction over either party or its assets. The decision of the arbitrator will be final and binding on the parties, and will not be subject to appeal or review. Each party will advance one-half of the fees and expenses of the arbitrator, the costs of the attendance of the court reporter at the arbitration hearing, and the costs of the arbitration facility. In any arbitration arising out of or related to these Terms, the arbitrators will award to the prevailing party, if any, costs and attorneys’ fees reasonably incurred by the prevailing party in connection with that aspect of its claims or defenses on which it prevails, and any opposing awards of costs and attorneys’ fees awards will be offset. The parties will maintain the confidential nature of the arbitration proceeding, the hearing and the Award, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, or confirmation of an Award or its enforcement, or unless otherwise required by any applicable law. Any documentary or other evidence produced in any arbitration hereunder will be treated as confidential by the parties, witnesses and arbitrators, and will not be disclosed to any third person (other than witnesses or experts), except as required by any applicable law or except if such evidence was obtained from the public domain or is otherwise obtained independently of the arbitration.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to these Terms unless explicitly stated otherwise in writing. We reserve the right to change these Terms from time to time. Any updates to these Terms shall be communicated to you. You acknowledge your responsibility to review these Terms from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept these Terms, as modified.

Privacy Policy

This website or mobile application is operated by Vote Kern. This privacy policy (“Policy”) explains how personal information is collected, used, and disclosed by Vote Kern with respect to your use of the www.votekern.com web site and other Vote Kern websites which display this Policy (the “Sites”) so you can make an informed decision about using the Sites. This Policy also applies to personal information collected on other web sites on our behalf by third party vendors. We reserve the right to change the provisions of this Policy at any time. We will alert you that changes have been made by indicating on the Policy the date it was last updated. We encourage you to review this Policy from time to time to make sure that you understand how any personal information you provide will be used.

What Is Personal Information?

As used herein, the term “personal information” means information that specifically identifies an individual (such as a name, address, telephone number, mobile number, e-mail address, or credit card number) and information about that individual or his or her activities that is directly linked to personally identifiable information. Personal information does not include “aggregate” information, which is data we collect about the use of the Sites or about a group or category of services or users, from which individual identities or other personal information has been removed. This Policy in no way restricts or limits our collection and use of aggregate information.

What Personal Information Do We Collect?

Active Collection: Personal information may be collected in a number of ways when you visit our Sites. We collect certain information you voluntarily provide to us, such as when you make a donation, send us an email or sign up to receive email or text message updates, fill out a form, connect through a social feed, sign up to be a volunteer or host an event, or request information. Such information may include personal information, such as your name, mailing address, email address, phone number, geographic location, and credit card information. We may also collect demographic information you may voluntarily provide from time to time, such as in response to questionnaires and surveys, including gender, ethnicity, education, and interest information. If this information is tied to personally identifiable information, it will be treated as personal information. Personal and demographic information may also be collected if you provide such information in connection with creating a profile or group, leaving comments, posting blog comments or other content, sending an email or message to another user, or participating in any interactive forums or features on the Sites. We may also obtain information from other sources and combine that with information we collect on our Sites.

Passive Collection: When you use the Sites, some information is also automatically collected, such as your Internet Protocol (IP) address, your operating system, the browser type, the address of a referring web site, and your activity on our Sites. If you access the Sites from a mobile device, we may also collect information about the type of mobile device you use, your device’s unique ID, the type of mobile Internet browsers you use, and information about the location of your device (for information about how to opt-out of this data collection, please see “What Choices Do You Have Regarding the Use of Your Information?” below). We treat this information as personal information if we combine it with or link it to any of the identifying information mentioned above. Otherwise, it is used in the aggregate only.

We may also automatically collect certain information through the use of “cookies” or web beacons. Cookies are small data files stored on your hard drive at the request of a website. Among other things, cookies help us improve our Sites and your experience. Information obtained from cookies and linked to personally identifying information is treated as personal information. If you wish to block, erase, or be warned of cookies, please refer to your browser manufacturer to learn about these functions. However, if you choose to remove or reject browser cookies, this could affect certain features on our Sites. Web beacons are small, invisible graphic images that may be used on the Sites or in emails relating to the Sites to collect certain information about usage and effectiveness and monitor user activity on the Sites.

Collection By Third Parties: Third party vendors, such as Google, Yahoo, AdRoll, Facebook, Twitter, Microsoft, Share This and Resonate may use cookies or other technologies to serve ads or deliver content on this or other websites based on your visits to this site and other sites on the Internet and to provide analytics services. These third parties may automatically collect information about your visits to this and other websites, your IP address, your ISP, the browser you use to visit our Site, pages viewed, time spent on pages, links clicked and conversion information. They do this using cookies, clear gifs or other technologies. Information collected may be used by Vote Kern and third parties, among other things, to analyze and track data, to solicit donations, to deliver advertising or content on this or other websites based on your prior activities on this or other sites or targeted to your interests, and to better understand the usage and visitation of our Sites and the other sites tracked by these third parties. This Policy does not apply to, and we are not responsible for, cookies or clear gifs used by the third parties, and we encourage you to check the privacy policies of advertisers and/or ad services to learn about their use of cookies and other technology. If you would like to opt out of these cookies or obtain more information about this practice, click here. In some cases, third party vendors may collect personal information from you, such as your name and email address, on other web sites and provide this information to us, or Vote Kern may collect personal information that you enter directly within an advertising unit. This Policy does apply to such personal information collected online in this manner, and we will treat such information in the same manner as information collected on our Sites. Personal information collected through the SMS program, won’t be shared, sold or rented to third parties for their own marketing purposes.

How Do We Use the Personal Information We Collect? We use personal information collected through our Sites for the purposes described in this Policy or elsewhere on the Sites. For example, we may use personal information we collect:

to provide the services, products, or information you request, and to process and complete such requests and any related transactions;
to send you confirmations, receipts, updates, alerts, and support and administrative messages and otherwise facilitate your use of, and our administration and operation of, the Sites;
to notify you about important changes to the Sites;
to send you newsletters and otherwise provide you with information or services you request or that we think will be of interest to you, such as sending you information to keep you informed about various issues, events, and resources;
to connect you with other supporters, and to solicit volunteers, donations and support for Vote Kern issues and organizations that we support;
to request feedback and to otherwise contact you about your use of the Sites;
to respond to your emails, submissions, questions, comments, and requests and to provide customer service;
to monitor and analyze site usage and trends, and to personalize and improve the Sites and our users’ experiences on the Sites, such as providing content, or features that
match your profiles or interests, and to increase the Sites’ functionality and user friendliness;
to serve ads, on this Site or other websites or media, based on the information you provide and the actions you take; and
for any other purpose for which the information was collected.

SMS Opt-in consent and data will not be shared with third parties

Links to Other Websites

Our Sites may contain links to other websites. Any personal information you provide on the linked pages is provided directly to that third party and is subject to that third party’s privacy policy. This Policy does not apply to such linked sites, and we are not responsible for the content or privacy and security practices and policies of these websites or any other sites that are linked to from our Sites. We encourage you to learn about their privacy and security practices and policies before providing them with personal information.

What Steps Do We Take To Protect Your Information Online?

We take reasonable measures to protect your personal information in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission that can be guaranteed against any interception or other type of misuse. To protect the confidentiality of personal information, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of our Sites by any person using your password. Please advise us immediately if you believe your password has been misused.

What Choices Do You Have Regarding the Use of Your Information?

You may “opt-out” of receiving text messages, email updates, and newsletters by following the instructions in those text messages and emails. Questions? If you have any questions about this Policy, please contact us at info@votekern.com.